CAT directs PSC to rehear candidate’s appeal

Srinagar, Sep 15: The Central Administrative Tribunal (CAT) in Srinagar Monday directed the Public Service Commission (PSC) to decide a candidate’s appeal against his rejection of candidature for the post of Deputy Medical Superintendent in GMC Srinagar and Jammu after providing him an opportunity of rehearing.

Dr Kulbir Singh Jat’s plea before the tribunal is that he possesses the qualification of postgraduation (PG) in surgery and has three years of working experience of running a hospital after PG.

He contends that having qualified the written examination for the post, he deserves to be considered for the interview.

The petitioner has assailed the communication dated September 6, 2024, issued by the Assistant Law Officer (ALO) of the PSC and “conveyed to him through WhatsApp mode at 6:22 pm on September 6.

In terms of the Communication the PSC has rejected Dr Kulbir’s appeal against his candidature and not calling him for the interview for the post of Deputy Medical Superintendent in GMC Srinagar and Jammu.

A bench comprising M S Latif, Member (J), and Prasant Kumar, Member (A), after hearing the plea issued notice to PSC, which for the commission, was accepted by Advocate Shah Aamir.

The tribunal asked counsel to file his detailed objections within ten days positively.

“Prima facie, at this stage, a case for indulgence is made and the preservation of liss till the next date is warranted,” the tribunal said, listing the plea for further hearing on September 18.

While the tribunal directed the PSC to rehear the appeal of Dr Kulbir after providing him with an opportunity of hearing, it said the commission would produce all the attested records about the communication dated September 6, 2024, on or before the next date of hearing in a sealed cover.

“For 10 days or till the applicant is reheard and orders are passed, whichever is earlier, the respondents (PSC) are restrained from proceeding further with the selection in pursuance to the notification dated September 4, 2024,” the court said.

Dr Kulbir has assailed the communication issued by the ALO of the PSC to him amongst others on the ground that he is eligible to get selected and appointed in pursuance to PSC’s notice dated November 7, 2023, as he is eligible not only in terms of the advertisement notice but also in terms of the recruitment rules that is Jammu and Kashmir Medical Education (Gazetted Service Recruitment Rules of 1979).

He submits that besides a qualification of PG in surgery, he has experience working as Causality Medical Officer right from January 28, 2019, to June 19, 2023. Besides he submitted that he possesses experience having worked as a Registrar in the Department of Surgery.

He submitted that the communication dated September 6, 2024, was intentionally back-dated and it was in pursuance to the order having been passed by the tribunal on September 6, 2024, that the communication was issued.

He submits that the issuance of the communication dated September 6, 2024, is not following the PSC Business Rules and his appeal was rejected in a hush manner without any reason.

While the tribunal reiterated that courts were not experts in the field of academics and it was left to the domain of the experts, it said: “But, at the same time, courts are experts of the experts when arbitrariness, illegality or otherwise procedural safeguards are not adhered to.”

Earlier while disposing of a plea by Dr Kulbir, the tribunal in its judgment dated August 16, 2024, had the PSC to dispose of the appeal filed by him against the rejection of his candidature and against not calling him for the interview.

The tribunal asked the PSC to decide the appeal expeditiously preferably in accordance with the merits and rules within a period of three weeks from the date the copy of the judgment was served upon it.

Aggrieved by the judgment, Dr Kulbir however filed a writ petition before Division Bench of the High Court against it which in an order dated August 12, 2024, directed the PSC to decide the appeal of the petition within ten days.

Dr Kulbir again being aggrieved by the non-disposal of appeal preferred another application (O A/573/2024) before the tribunal in which this court after hearing the counsel for the parties issued notice to PSC which was accepted by Shah Aamir who was granted four weeks to file the reply.

“Subject to objections of the other side and till the next date of hearing, till the time the appeal filed by the petitioner is decided by the PSC which shall comply with the order passed by this court as well as passed by the High Court of J&K, no process for holding interview shall be conducted in pursuance of the notification dated September 4, 2024,” court had said and listed the application pending for disposal on September 25.